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Court: EPA can stop some power plant modifications
Law & Court News |
2013/03/29 22:54
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A federal appeals court says government regulators can try to halt construction projects at power plants if they think the companies didn't properly calculate whether the changes would increase air pollution.
The U.S. Environmental Protection Agency sued DTE Energy in 2010 because the company replaced key boiler parts at its Monroe Unit 2 without installing pollution controls that are required whenever a utility performs a major overhaul. DTE said the project was only routine maintenance.
U.S. District Judge Bernard Friedman threw out the suit, saying EPA went to court too soon.
But the Sixth U.S. Circuit Court of Appeals overturned his decision Thursday. In a 2-1 ruling, the court says the law doesn't block EPA from challenging suspected violations of its regulations until long after power plants are modified. |
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Court considers Calif. prison mental health care
Top Court Watch |
2013/03/27 22:55
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A federal judge in Sacramento is set to hear arguments Wednesday over Gov. Jerry Brown's push to regain state control of inmate mental health care after 18 years of federal oversight and billions of dollars spent to improve treatment.
Lawyers representing the state argue that California is now providing a constitutional level of care to its prison inmates, while attorneys for the inmates say more improvement is needed.
California has spent more than $1 billion in construction for mental health facilities and increased salaries to hire more and better mental health workers. It now has more than 1,700 psychiatrists, psychologists, therapists, social workers and nurses to treat more than 32,000 mentally ill inmates, or about one specialist for every 19 patients.
"California has invested tremendous amounts of money, resources and effort to transform its prison mental health care system into one of the best in the country," the state said in one of its recent court filings.
Inmates' attorneys say the efforts so far are not enough and that more mental health facilities must be built and staffed. They also say more must be done to reduce a suicide rate that exceeds the national average for state and federal prisons.
California's prison suicide rate was 24 per 100,000 inmates in 2012. That compares to 16 per 100,000 inmates in other state prisons and the historical average of nine suicides per 100,000 inmates in federal prisons. |
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Court grounds packed on first day of marriage case
Legal Blog News |
2013/03/20 22:56
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The Supreme Court is wading into the fight over same-sex marriage at a time when public opinion is shifting rapidly in favor of permitting gay and lesbian couples to wed, but 40 states don't allow it.
The court's first major examination of gay rights in 10 years begins Tuesday with a hearing on California's ban on same-sex marriage. On Wednesday, the justices will consider the federal law that prevents legally married gay couples from receiving a range of benefits afforded straight married Americans.
Actor-director Rob Reiner, who helped lead the fight against California's Proposition 8, was at the head of line Tuesday morning. Some people waited since Thursday - even through light snow - for coveted seats for the argument.
The two California couples challenging the voter-approved ban on same-sex marriage in the nation's largest state also are at the court for the argument and are urging the justices to strike down not just the California provision, but constitutional amendments and statutes in every state that define marriage as the union of a man and a woman.
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Arias seeks death penalty stay, court rejects
Legal Opinions |
2013/03/04 15:40
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Jodi Arias' effort to get the death penalty option in her murder case temporarily set aside was met Friday with a swift rejection from the Arizona Supreme Court in a one-sentence response denying the motion filed just hours earlier.
Arias is charged in the June 2008 stabbing and shooting death of her lover in his suburban Phoenix home. She claims self-defense, while authorities say she planned the attack in a jealous rage. Testimony has been ongoing since early January.
After failing to win a mistrial or stay of the death penalty option in the lower court earlier this year, her defense attorneys sought relief Friday from the state's highest court, which quickly rejected it. Her trial is set to continue Monday with the death penalty still on the table if prosecutors can secure a first-degree murder conviction.
Arias' attorneys argued in early January before Maricopa County Superior Court Judge Sherry Stephens, who is overseeing the trial, that the lead detective on the case perjured himself during a pretrial hearing aimed at determining whether the death penalty should be considered an option for jurors.
Mesa police Detective Esteban Flores testified at the hearing that based on his own review of the scene, and a discussion with the medical examiner, it was apparent that Alexander had been shot in the forehead first. Arias then repeatedly stabbed and slashed him 27 times and slit his throat, he said. |
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Court-appointed receiver recovers $312 million
Law & Court News |
2013/03/03 14:41
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Hundreds of millions of dollars have been recovered so far in a massive North Carolina-based Ponzi scheme that authorities say attracted more than 1 million investors. The case involves Rex Venture Group, which operated several online projects. The Securities and Exchange Commission froze the company's assets in August. Court-appointed receiver Kenneth Bell has filed a document in federal court in Charlotte detailing his expenses. As of Dec. 31, Bell says he has recovered $312 million and has incurred $1.6 million in fees and services for the investigation. The SEC says the company, operated by Paul Burks of Lexington, ran a $600 million Ponzi scam, where money from new investors is used to pay out old ones. Burks is paying a $4 million penalty and cooperating with the SEC. |
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